Attorneys for A-team candidate Harris plan appeal

A Monmouth County Superior Court judge on Friday declined to reconsider his decision in July that ruled 252 rejected vote-by-mail ballots in the May Asbury Park city council election should not be opened.

The number of ballots at issue were enough to change the election results.

Daniel Harris III, [right] an unsuccessful candidate on the A-Team slate, filed a legal challenge to the May 14 municipal election. His A-Team running mates Jim Keady and Duanne Small were 178 votes away from unseating Mayor Myra Campbell and Deputy Mayor Susan Henderson, the two lowest vote-getters who won seats on the five-member city council.

Judge Dennis O’Brien ruled in July to maintain the Monmouth County Board of Elections disqualification of the ballots. The board had ruled that handwriting on the applications for the ballots indicated other individuals had provided assistance in filling out the forms. But those assistors did not properly disclose that they provided assistance, the board had ruled.

Harris’ lawyer, Kristie Howard of Montclair, filed the request for O’Brien to reconsider his July 18 ruling. Attorney Nathaniel Davis, Newark, appeared on behalf of Harris at Friday’s hearing.

Howard is waiting for the transcripts from Friday’s hearing and expects to file an expedited appeal “with the next 2 weeks or so,” she said.

“We’re disappointed with the decision and we were prepared if the decision did not go our way to appeal it,” said Harris. “And that’s what we’re going to do.”